BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Rules of the Supreme Court (Northern Ireland) (Amendment No. 5) 2005 No. 449
URL: http://www.bailii.org/nie/legis/num_reg/2005/20050449.html

[New search] [Help]

STATUTORY RULES OF NORTHERN IRELAND

2005 No. 449

SUPREME COURT, NORTHERN IRELAND

PROCEDURE

The Rules of the Supreme Court (Northern Ireland) (Amendment No. 5) 2005

  Made 11th October 2005 
  Laid before Parliament
  Coming into operation 4th November 2005 

We, the Northern Ireland Supreme Court Rules Committee, being the authority having for the time being power under section 55 of the Judicature (Northern Ireland) Act 1978[1] to make, amend or revoke rules regulating the practice and procedure of the Supreme Court of Judicature of Northern Ireland, hereby with the concurrence of the Lord Chancellor, exercise those powers as follows:

Citation, commencement and interpretation
     1. —(1) These Rules may be cited as the Rules of the Supreme Court (Northern Ireland) (Amendment No. 5) 2005 and shall come into operation on 4th November 2005.

    (2) In these Rules, any reference to an Order by number or an Appendix by letter means the Order so numbered or the Appendix so lettered in the Rules of the Supreme Court (Northern Ireland) 1980[2].

Amendment of Order 1
     2. Order 1, rule 12 shall be amended as follows—

Amendment of Appendix A
     3. Appendix A shall be amended as follows—


Brian Kerr

Paul Girvan

Patrick Coghlin

J. M. Nicholson

Anthony Campbell

Caroline A. McGonagle

Dated 7th October 2005



Signed by the authority of the Lord Chancellor



I concur


Bridget Prentice
Parliamentary Under-Secretary of State, Department for Constitutional Affairs

Dated 11th October 2005



SCHEDULE
Rule 3



No. 24

Writ of subpoena

(O.38 r.12)

[Headings as in cause or matter]

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom of Great Britain and Northern Ireland and of Our other realms and territories Queen, Head of the Commonwealth, Defender of the Faith:

To [names of witnesses]

We command you to attend [at the sittings of the            Division of Our High Court of Justice in Northern Ireland at the Royal Courts of Justice, Chichester Street, Belfast, on the day fixed for the trial of the above-named cause, notice of which will be given to you, and from day to day thereafter until the end of the trial, to give evidence on behalf of the [plaintiff] or [defendant].*

Witness            Lord Chief Justice of Northern Ireland the            day of            20          .

An application to set aside this subpoena may be made to the court.

* If duces tecum add: And we also command you to bring with you and produce at the place aforesaid on the day notified to you [here describe the documents or things to be produced].

[Note: – If the writ is to be served in England and Wales or Scotland in pursuance of an order of the Court insert after We command you the words wherever you shall be within the United Kingdom, and add at the foot of the writ the following:– Take notice that this writ is issued by the special order of the High Court of Justice in Northern Ireland dated the            day of            20          , pursuant to section 67 of the Judicature (Northern Ireland) Act 1978.]



No. 25

Writ of subpoena: proceedings in chambers

(O.38 r.12)

[Heading as in cause or matter]

ELIZABETH THE SECOND [as in No. 24]

To [names of witnesses]

We command you to attend before [the Judge [or Master] ] in chambers, Royal Courts of Justice, Chichester Street, Belfast, on the            day of            20          at            a.m./p.m. and so from day to day until your evidence shall have been taken, to give evidence on behalf of the [plaintiff] or [defendant] in the above-named cause [and we also command you to bring with you and produce at the time and place aforesaid describe the documents or things to be produced.]

Witness [as in No. 24]

An application to set aside this subpoena may be made to the court.


EXPLANATORY NOTE

(This note is not part of the Order)


These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980 as follows:

Rule 2 amends Order 1, rule 12 to assign to the Family Division:

Rule 3 provides for a new Form 24 (Writ of subpoena) and a new Form 25 (Writ of subpoena: proceedings in chambers) to be inserted in Appendix A of the Rules. These forms notify the recipient of a subpoena of the right to apply to the court to have the subpoena set aside.

Notes:

 [1] 1978 c. 23back

[2] S.R. 1980 No. 346 to which the most recent relevant amendments were made by S.R. 1996 No. 212 and S.R. 1999 No. 19back

[3] 2004 c. 7back

[4] 2004 c. 33back


ISBN 0 337 96204 9


 © Crown copyright 2005

Prepared 31 October 2005

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_reg/2005/20050449.html